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BP Settlement Procedures Shift Gears

As I write this I am sitting in the lobby of my hotel in New Orleans. I have had back to back meetings for the last two days with some of the key figures in and around the BP Settlement.

The BP Settlement is maturing, they are finding out where the problem areas lie and are actively addressing the issues that have plagued it.

Without going into to much detail, the largest issues around processing have been getting the attention of the senior leadership. These issues are being dealt with.

Expect procedures to evolve from the Settlement Fund when needed, there have been some shortcomings here. Look for more staff to be getting hired internally by the fund, and by some of their vendors.

There are people working inside of the BP Settlement from 8 to Faint. They absolutely do care about the people affected by the BP Oil Spill, these are their neighbors, family and friends. There is no room for failure, and they take it very personally.

After speaking with some people around the settlement that knew the people that are at the epicenter of the Fund, these are some of the most respected people you will find in the State of Louisiana. They are not in this for the money, they are here to help administer this fund and get people paid, it is really that simple.

If your BP Claim fits the Settlement they want to see it paid, if it does`t and many don`t, they will need to opt out and look for a remedy through OPA or litigation.

BP Settlement Opt Out

For many as time start`s winding down you will be faced with staying in the BP Settlement or Opting Out by November 1. I don`t think it is fair for there to be an opt out date so close when, there has been such a limited number of claims paid. We need a sample set to go from, but that is looking less and less likely.

The folks at the Settlement have clearly identified the issues and are doing their best to fix them, the fact is they need more time, we all do.

Will they get it, I am beginning to doubt that. What I do believe though is if you can clearly define your losses you will get paid, if you can`t you may want to seriously consider opting out.

The Settlement is by no means one size fits all, as a matter of fact many claims that don`t fit squarely within the parameters of the BP Settlement need to opt out. We are all going to have a busy 10 days before us, if the date is not extended.

Overall Thoughts

I was very impressed at the dedication I found by the People who are running the Settlement.

These are their neighbors, this is their legacy, and they are destined to right the sinking ship they inherited.

The people I have met are a very proud and resilient group, they have a lot of heritage and legacy here, there is no way on God`s Green Earth they are going to let down their neighbors, friends, and family.

It just won`t happen, it may not work for everybody, but this is going to work for many, you can bet on it.

These folks don`t know failure, I believe their bodies will give up on them before their will does, all I can say to that is welcome to the club…The 8 to Faint Club…We all have a lot of work to do.

Solutions

In the next few days I will be outlining different areas where people will need help, whether they are in the settlement or decide to opt out. We met with some fantastic attorneys and processors while here, and our Team got a little bigger.

The BP Settlement and the end of the GCCF

The BP Settlement should have preliminary approval on Wednesday of this week, on the whole it does do the most amount of good for the most people, however the BP Settlement could do more. It could address the people that were victimized by Quick pays, it could pay people that are upstream from the fishermen such as the processors and give them better BP Settlement multipliers. The BP Settlement under Judge Barbier could truly make it right for so many people.

This will be Patrick Juneau`s swan song, in many peoples opinion. The BP Settlement will be ran by Judge Barbier and administered by Patrick Juneau, it is called the BP Court Supervised Settlement. The BP Settlement promises transparency and quick payouts. You do not need an Attorney to be a part of the BP Settlement, though some websites out there tell you, you do, they lie.

The BP Settlement and the Gulf Coast Claims Facility

The Gulf Coast Claims Facility will be replaced by the new BP Settlement Fund. We have heard from Managers of the Gulf Coast Claims Facility that they will be leaving their jobs on June 1st to be replaced by the new staff that will be running the BP Settlement on June 4th. The infamous days of the Gulf Coast Claims Facility are almost over, leaving Ken Feinbergs reputation ever tarnished. The Delay, Deny, and Defend tactics they used were unconscionable, forcing people to take quick pays or lowered final pay outs, just to save BP money, need to be addressed in the BP Settlement, or BP Class Actions will most definitely come into play. There are people now organizing Class Actions for people who took Quick Pays, how do I know because we are one of them.

The GCCF was an Abomination

Never in the history of a disaster such as this was an organization allowed to run rampant and to take advantage of so many. Over 200,000 people took the Quick Pays, people were promised Interim Payments, but instead got bombarded by Quick Pays. The GCCF knew that many people were starving and facing foreclosures.

I never did understand why President Obama and the leaders in the Banking Industry did not put a freeze on foreclosures in the most affected areas. Instead debts piled up and the GCCF took advantage of their own Delay tactics, and as bills piled up for many, and they moved closer to the brink, they began to break out the Quick Pay schemes. People were economically forced to take them and we ALL know this as a fact.

People were told numerous times that the GCCF had lost their paperwork, only to find that often the paperwork was simply mislabeled and put somewhere else in their file, another Delay tactic.

The GCCF went on to lie to major Attorneys in the Oil Spill litigation and told them to take in all the BP Claims they could and put them into the Bulk Upload, this allowed the Attorneys to register the clients and the heads of the GCCF said they would pay these clients even though limited paperwork was on file at the GCCF.

Many people thought there claims had been filed, indeed they were, but they were not payable, we know this because we have talked with the people processing them at Brown Greer and they were laughed at and denied. It seems the GCCF would use these people as targets for Quick Pays as well. We have often heard of people that filed with Attorneys would be approached by members of the GCCF waving 5k or 25k in front of them. These people never even filed claims individually with the GCCF. It is our belief that the GCCF used the many clients that were entered into the Bulk Upload as a contact list, to hit people that were disadvantaged by the whole Bulk Upload scheme so they could be hit by Quick Pays.

It seems as though the GCCF would tell one group one thing, and another group something else, which lead to confusion and aggravation and fewer BP Claims getting paid. People signed off their rights to further sue BP, just for a quick infusion of cash. The BP Settlement has the opportunity to right the many wrongs of the Gulf Coast Claims Facility.

How can we Help you with your BP Settlement.

We have connected with Licensed Claims Adjusters that have worked in this sort of Claims arena for years, they charge 15% for your standard claims and 7.5% for large loss claims. They can help with any BP Claims you may have.

Attorneys are used when needed for the BP Settlement, but there are strategic times and types of claims that they should be called upon. There are most certainly some BP Claims that demand using an Attorney, and when needed they will be. Attorneys traditionally start at 25%.

NO Attorney needed for the BP Settlement

Patrick Juneau the head of the BP Settlement has gone on the record, and has said “you do not need an Attorney for the BP Settlement.” Businesses and Individuals will be able to handle their own claims with the new BP Settlement Fund or they can have professionals help them, and then submit.

The BP Settlement by it`s very nature has has evolved from a claims process to a settlement process, to be a part of the Settlement Process we think you need to have stronger advocates on your side.

Consultants vs. Claims Adjusters we recommend Licensed Claims Adjusters at this time

We have long advocated that people can and should use Consultants and Licensed Claims Adjusters. Since the advent of the BP Settlement we have stiffened up our position and Strongly Recommend Licensed Claims Adjusters that have experience with these sorts of BP Claims and Business Interruption Claims, they have been doing this for a living for a long time. They have been making a living doing this well before the BP Claims process. It is our position that they can represent you better then consultants at this time due to the nature of the BP Settlement.

The Licensed Claims Adjusters we use have Attorneys on retainer and Certified Public Accountants. They are fully armed to do battle if your BP Settlement Claim needs to be appealed. They will tell you what the value of your BP Settlement Claim is before it is presented to the BP Settlement Fund.

What we have found is this group, fully understands the complexity of the BP Claims process and has vast experience preparing them, and that is what people have needed most.

Through our experience they have done a great job getting people paid, even under the GCCF system, some attorneys have done a very good job as well.

Attorneys and the BP Settlement

Don`t get me wrong here Attorneys are needed in some instances, but this is a documentation nightmare for many of them and they just don`t have the experience of Licensed Claims Adjusters when it comes to documenting and submitting claims. The BP Settlement is all about documentation and BP Settlement Calculation.

We have heard and continue to hear horror stories from many of you who signed up with a lawyer never to hear from them again, and you were eventually forced in to taking quick pays because the Attorney was either very non responsive or just flat out unavailable.

Many of you decided to fire BP Claims Attorneys, and used a Letter of Disengagement to do so.

Some lawyers are just out there signing people up and putting Liens on their files after doing little to no work on the file. We say Shame on You. This needs to be addressed as well.

There are good solid Attorneys out there, the behavior of the few is definitely impacting the reputation of many. We have utilized these attorneys in the past and when needed will do so again, but the playing field has evolved, and as it does so will we.

We will Help you with your BP Settlement

According to Patrick Juneau it will be much easier to establish a baseline of what you should get paid, but documentation will still remain an issue. There are a number of ways to boost your BP Settlement Claims well above the baseline, through BP Settlement documentation. Adjusters can not advice you on legal matters, but they can make sure you get every nickel they owe you, it`s what they do. Also the Attorneys that they have on retainer can advise you when needed.

Here are the sorts of documentation that Licensed Claims Adjusters should be putting together for your Claim.

As always they charge 15% for the standard BP Settlement Claims and 7.5% for large loss claims. There are many other remedies under the BP Settlement for documentation, but this what the Adjusters we work with suggest.

We have been getting many inquiries from Attorney`s, and yes we can help you put together your clients BP claims as well.

A. Claim Documentation

Claim Form – must include:

Compensation Period – will provided the analysis necessary to project the time period utilized in the report for projecting loss revenues for clients BP Settlement.

Business Compensation Framework – the economic loss claim process by providing the BP Settlement Program with all the reports and documentation necessary

Benchmark Period –will conduct the analysis, of over eighty possible historical time periods, to establish the historical time period that generates the highest possible growth trend, to be utilized in the projection of loss revenues during the compensation time period.

Supporting Compensation and Benchmark Documents – will assure that all historical and projected time period calculation are supported with the necessary documents to adhere to the BP Settlement Program requirements.

Ownership Documents – will satisfy the BP Settlement Program requirements that prove ownership and structure of the business.

Tax Returns – for each benchmark and project time frames, will include the Federal returns for each period.

Profit and Loss Statements – for each benchmark and project time frames, the income statements for the businesses will be segregated between recoverable expenses and noted with variance from Tax returns.

Specific Business Documents – Retailers, Lodgings, Restaurants, and other business entities will be required to provide specific claim documents to the BP Settlement Program. Assure that industry specific documentation is presented in the proper manner to expedite the BP settlement payments.

Operating Licenses – will research and assure that all documentation is support of licensing, as required by the Settlement Program, will be supplied and supported.

Causation Proximity – will document the businesses’ and individuals’ economic Zone and assure the financial reporting requirements are met for Zone acceptance by the Settlement Program.

Variable Profit and Margins – will verify and document the variable and fixed expense during both the Benchmark period and the Compensation period.

General Adjustment Factor – will assure all claim reports include the allowed 2% growth trend included during the Compensation period and added to the BP settlement payments.

Claim-Specific Factor – will maintain databases and supporting documents to prove that improvements in local economic conditions are included in the claim reports to deliver addition funds at the time of the BP settlement payment.

The BP Settlement is Under Review

For many of you the words under review are reminders of the GCCF, but the fact is the BP Settlement is being reviewed by Attorneys, Adjusters and Advocacy Groups. The BP Settlement on the whole is favorable for the people it was meant to serve.

The general idea of the BP Settlement is meant to serve the greatest good for the largest amount of people possible.

Our major concern under the BP Settlement continues to be the 2.3 billion dollar cap for Seafood Harvesters, they of all should not have a cap under the BP Settlement.

BP Settlement who we can Assist

The BP Settlement covers economic losses in zones and in regards to Industry. There are maps, there are multipliers, there is trend analysis, and to top it all off it is over 100o pages.We will be publishing everything as we go through the BP Settlement.

The BP Settlement is complex but it does cover more individuals and businesses and due to its nature there will be many more people with Multiple Claims.

We can Help you if you fall into the following BP Settlement Categories:

Your business suffered losses due to the BP Oil Spill

You are an individual that suffered losses due to the Oil Spill

You make a living from the Gulf of Mexico ( Seafood Harvesters)

Your property or the value of your property was impacted

You have a Subsistence Claim

You got Sick from the Oil or the Dispersant Corexit

Your BP Claims were Denied or are still sitting at the GCCF

If you need help from Catholic Charities and need immediate aid

BP Settlement Attorneys or Adjusters

We work with Attorneys and Licensed Adjusters that will help you with your BP Settlement Claims, in many instances we recommend using an Adjuster because of their expertise and history of documenting claims as the first step, if during the process of putting together your file for the BP Settlement they think their could be issues, they may recommend the services of an Attorney.

We are not anti Attorney in anyway, we just feel strongly that Licensed Adjusters have more experience documenting these types of claims, it`s what they do for a living.

When a Hurricane comes through the first people in are the Adjusters that begin to document the economic and physical losses in its aftermath. Due to the nature of the Oil Spill it closely resembles the aftermath of a hurricane. Think of the BP Settlement Fund as an insurance company, do you need an Attorney to handle your insurance claim, only if you are having an issue getting paid by the insurance company. Even though the Settlement is court supervised our Licensed Adjusters have made arrangements for Attorney Representation if needed. So unless it looks like you are going to have issues with your BP Settlement, why pay for the services of an Attorney. Our Licensed Adjusters have retained the services of Attorneys and have CPA`s on staff.

Though in certain circumstances BP Settlement Attorneys are needed and we are happy to utilize them.

Denied BP Claims hitting an All Time High

BP Claims Get Denied

If your BP Claims were recently denied you were not alone, we are seeing well documented, well organized BP Claims getting denied at the GCCF at a record rate. It seems that the GCCF is clearing out all of the BP Claims that it has been holding on to.

We can Help You if you have been denied.

At this point there will be very few claims left with the GCCF before the Fund transitions into the BP Settlement process. The Denial rate is utterly astounding, we have NEVER seen this rate of denied BP Claims come out of the GCCF since it`s inception.

Are BP Claims being forced into the Settlement Process

When you step back and look at the strategies displayed by the GCCF, you just can`t help but think that they are just making way for the upcoming BP Settlement. This is part of the Delay, Deny, and Defend tactics, and is meant to dishearten the people from pursuing their BP Claims.

They are just trying to wear down people with legitimate BP Claims. As we have told you before, this is a common tactic that has been used through out the BP Claims Process, this strategy was originated by unscrupulous insurance companies. The GCCF is making one last effort to thwart paying legitimate BP Claims, even while in transition.

Look for all of the present employees at the GCCF to be replaced in the very near future.

Do not let them make you loose heart for your economic justice. We can and will Help You.

BP Claims and the BP Settlement

We are hearing from a large number of you that are concerned that there will not be a major shift in attitude from the GCCF to the new BP Claims Settlement Fund. As I see it there will be a DRAMATIC shift and it will be coming from the top down. As I said above they are getting ready to get rid of all GCCF employees as the new regime is about to take charge, and it couldn`t be happening soon enough for many of us. Judge Barbier is running the show with Patrick Juneau, and everything I have heard about Mr. Juneau, and much of this from people that know him, all say the same thing, stand up, no nonsense guy, with a an over all concern for people. Let`s hope that carries through. Time will tell. If you would like to connect with Attorneys or Adjusters that can help you with your BP Claims for the settlement, please fill out the form to the right.

BP Claims and our Stance

We at BPClaims.org have only had one goal in mind since this all began, to help people. We started with sites that got people to charities, and that morphed into following the BP Claims process, The BP Claims process under Feinberg and the GCCF was AWFUL, people were duped into Quick Pays when they were promised Interim payments, many took these and agreed not sue BP, and are now struggling once again with no remedies in site. We will continue to fight for these people, and will continue to organize them.

We will continue to help individuals and businesses that were denied, we are actively helping people with medical claims. When nobody wanted to take these cases we found a group that would, and I am happy to say that same Firm helped get them into the BP Claims Settlement, and they are now going to be compensated.

If you need help with Your BP Claims even if they were denied, we can and will help you, Consultants and Adjusters start at 15%, Attorneys start at 20%, Large Loss Business Claims can be handled for 7.5%.

We are not allied with any particular Firm or group, but simply will get your claims to the best possible Group that specializes in those particular claims.

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